1. Seotion 741 of the Postal Lawn and Regulations of 1913, proTlde0:

Vhat a rural mall oarrler ahall not hold any atate, ootznty, munioipal or a tomahip offioe.” *2 Hon. hkurloe Bulloak, January 20, 1939, Pqe 2

The ease of Groves YB. Borden, 84 SB 1042, Xiolde: "A rural mall oarrler appointed by the Poat- master Ganeral, a member of the oablnet and head of his department I8 an offloer.w The oases, Murray vs. State, 6Cr SW (2nd) 274; State vs. Brooks, 42 Texas 62 and Travis vs. Harris, 13 Texas SOT, hold that a deputy sheriff la a puE1110 ofiioer.

ArtIole 14, Seotlon 2 of the Unltad States Conrtl- tutlon and Artlole 16, SeotIOn 40 Of the State QOnstIfutfOn prohibits a person from holding two lnoompatlble offioer.

In view of tha foregoing authorities, your s&St question must be aummred in the negative.

2. The Oomal86Ionera* Oourt may employ nndfieor or the alty to perform servlo&s whloh are not raqulred of him by law and may oontraot to pay hti additional oarpenu- tion tharefor. H0wever. thm COmmIsalonarsl Oourt'har no authority to pay ruoh oifloer for duties performed wbloh ara FWq;gd~ a? him by law. httimore ~8. Tarrant OounBy 184

. Tekne Jarisprudenoe~, Vol. 34, page bJJ, Se&a l19. You are re8peotfully adrlmd that It Is onlaw?ul for the oounty to pay a poaoe orfloor of ths Ulty of tprt iOr rrerrloei! rendered by hint for the oounty Other Stooktoo than those not raqulrad OS him by law.

3. Artiole SJ39S authorizes the Commfssloner8' OtMWt to allow an orfioer oompaaaatI0n ror 6x orri010 8ervloe8 pro- vided that suoh oompenaation, together with fees retained b7 him, %oes not amount tcimore than the maximum tee allowed by

On November 9, 1928, tha Hon. H. Grady Chandler, Aselbtant.Attorney General, rendered en opinion hold1 Y itI arreot that Justfoaa of the Peaoe may be paid ex off10 o oo1- penaatlon. You are reepsotfully advised that the &numi ehrr8*

Court my pay ex orrlolo salaries to Justloes 0f the se provided that euoh oompeasatlone together with the is?* ra- *3 Hon. Yaurloe Bullook, January 20, 1939, Page 3 talned by them does not exoeed the maximum fee allowed by

Trustlne that the foregoing answers your lnqulrlee, ' I remain

Very truly your8 ATTORN!i!!'GERERAL OF TEXAS AWrAW

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